Terms & Conditions

Use of website

This page states the “Terms and Conditions” under which you may use the Channelglaze Ltd website. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions.

The terms “You” and “User” are used herein to refer to all individuals and/or entities accessing this website for any reason.

You must immediately notify us of any changes to your name, address, or e-mail address previously supplied to us, by sending us e-mail at the above address, calling us at the above telephone number, or writing to us at the above address.

1. Use of material appearing on Channelglaze Ltd. website – For the purposes of this agreement, “material” means material including, without limitation, text, graphics, and sound material published on Channelglaze Ltd, whether copyright of Channelglaze Ltd or a third party. The Material may contain inaccuracies or typographical errors. Concept makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time. You may download and print extracts from the Material and make copies of these for your own person use only. You are not allowed to download or print the Material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the Material appearing on the Channelglaze Ltd. website. You shall not copy or adapt the code used to create the website or the Material, or transmit it to or store it in any other website or disseminate any part of the Material in any other form, unless we have indicated that you may do so in writing. You may apply for permission to do so by sending us an e-mail at the above address, calling us at the above telephone number, or writing to us at the above address.
2. Disclaimer of liability – In no event shall the company, its suppliers or any third parties mentioned on the website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption), as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it or as a result of your inability to use the website and the material, whether based on warranty, contract, tort, or any other legal theory. You can access other sites via links from the Channelglaze Ltd website. These sites are not under our control and we are not responsible in any way for any of their contents. We give no warranties of any kind concerning the Channelglaze Ltd website or the material. In particular, we do not warrant that the Channelglaze Ltd website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or any other contamination or by anything which has destructive properties.
3. Data Protection – If you have not indicated in any correspondence that you do not wish to receive direct marketing material, from time to time you may receive direct marketing at some point in the future, you should notify us by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address. As soon after this as is reasonably practicable, we will amend our database to reflect your wishes and cease to send such information.
4. Variations – These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.
5. Force majeure – Although we will do our best to provide constant, uninterrupted access to the Channelglaze Ltd website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
6. Jurisdiction – This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Conditions of Sale

Application of these conditions

These Conditions of Sale shall be incorporated into any agreement for the sale of goods (“the goods”) made between Channelglaze Ltd (“The Company”) and any purchaser of goods from it (“the customer”). No variation of these Conditions nor any terms or conditions stipulated incorporated or referred to by the Customer whether in its order or in any negotiations or otherwise shall bind the Company or be of any effect save only if the same is expressly and specifically agreed to in writing by a director of the Company.

1. Basis of Quotations – 1.1. All quotations given by the Company are only open for acceptance for a period of 30 days from the date of the quotation and are subject to prior sale elsewhere of the goods quoted for, save only where a director of the Company has otherwise agreed in writing. 1.2. All prices quoted are ex works, are payable strictly net cash without deductions of discount and are exclusive of Value Added Tax or any similar taxes, levies or duties which are applicable, save only where otherwise specified in writing.
2. Description– 2. Figures statements descriptions illustrated photographs and drawings or any other material contained in any catalogue pamphlet price list or other advertising literature which may be issued or published by or on behalf of the Company from time to time are a general guide only to the products dealt in by the Company and (a) they shall not form part of any contract between the Company and the Customer and (b) no representation is made or warranty given in respect of any such figures statements descriptions illustration drawings or other material of the contents thereof.
3. Price– 3.1. The Company may by written notice or notices at any time between confirmation of order and delivery (as defined in clause 4 below) increase the price of the Goods to cover any increased costs to the Company including (but not limited to) increases in the costs of material or by way of exchange rate fluctuation. The maximum by which the Company may increase the price hereunder by notice or notices aforesaid is twenty per cent of the original sale price. 3.2. All prices are quoted exclusive of V.A.T or any other duty of tax. 3.3. All duties taxes or other impositions of whatsoever nature and wheresoever payable in respect of the sale and delivery of goods by the Company shall be paid by the Customer. The Customer shall indemnity the Company, against any claim to such duties etc. and against any penalties or fines payable by the Company in respect thereof by reason of the non-payment of the said duties etc. by the Customer.  3.4. Unless otherwise agreed in writing Goods to be delivered to the Customer whose address is outside theUnited Kingdom will be sold FOB.
4. Delivery – 4. Any time or date for delivery or completion whether stipulated incorporated or referred to by the customer or stated by the Company (whether before upon or after the Company’s acceptance of an order) is an estimate only and not a contractual commitment. The Company shall in no event be liable for any damage or loss whether arising directly or indirectly out of any delay or completion. No order may be cancelled on the grounds of any delay in delivery or completion unless a director of the Company has otherwise agreed in writing.
5. Payment– 5.1. Payment for the Goods other than where cash on delivery is required shall be made by the Customer no later than 30 days after the date of the invoice issued in respect of the Goods (the due date) unless otherwise expressly agreed in writing. If payment is not made by the due date the Company shall be entitled to interest on any amount outstanding after the due date at the rate of five per cent above the then current Bank of England base rate. Failure to claim such interest shall not constitute a waiver thereof. 5.2. Without prejudice to any of its remedies specified herein if payment for the Goods is not made by the due date the Company shall be entitled at its complete discretion to cancel or suspend (as it may choose) delivery of any Goods then undelivered and whether under that contract or any other contract between the Company and the Customer. The Company shall not be liable for any loss of whatever nature and howsoever arising under any contract by reason of the cancellation or suspension of delivery as aforesaid. 5.3. In the case of payment due by instalments the time of payment of each instalment shall be the essence and in default of payment of any one instalment on the agreed date the payments of the total outstanding balance due under the contract shall become due and payable immediately. 5.4. The Company reserves the right to accept payment by drafts or bills of exchange on condition that these can be re-discounted. Drafts and Bills of Exchange are acceptable in lieu of payment only and they constitute payment only when they are honoured by the Customer. All draft costs shall be borne by the Customer. In case of a protest or if the draft cannot be re-discounted the Company may return all drafts and Bills of Exchange and demand immediate cash payment. 5.5. The Company reserves the right to set off payments made by the Customer against any outstanding amount due resulting from business relations with the Customer irrespective of the purpose of the payment specified by the Customer. 5.6. If at any time more than one amount is due from the Customer to the Company any monies received will be applied to the outstanding accounts in chronological order the longest outstanding amount being paid first. 5.7. Payment may not be delayed or refused for any alleged defects in the Goods, which the Company undertakes to correct under the losses of its warranty.
6. Storage– 6. The Customer shall provide all such information and assistance as the Company may require, enabling such delivery to take place. If for any reason the Customer is unable or otherwise fails to accept delivery of the goods within such period the Company may store or arrange for storage of the goods until their actual delivery and if it does so the Customer shall pay the Company’s reasonable charges therefore including any insurance and /or any transport costs), which obligation shall be in addition to any other payment or damages for which the Customer may be or become liable in respect of his inability or other failure to take delivery. ‘
7. Restriction on Claims for damage to or loss of goods– 7. The Company shall not be liable for any claim for damage to the goods or total or partial loss of the goods unless: – 7.1. In the case of damage to goods collected by the Customer from the Company’s premises, notice in writing of the claim is given to the Company either before such collection is completed or, if the Company’s delivery note is marked “not examined” on behalf of the Customer before such collection is completed, within 7 days there after, in either case followed by a full written claim within 28 days thereafter. 7.2. In the case of damage to goods or partial loss of goods in transit, notice in writing of the claim is given to the carrier concerned either before delivery is completed or, if the carrier’s delivery note is marked ‘not examined’ on behalf of the Customer before delivery is completed, within 7 days thereafter, a separate notice in writing of the claim is given to the Company within 7 days after delivery is completed, and separate full written claims are given, to the carrier and to the Company within 28 days thereafter. 7.3. In the case of total loss of goods in transit, separate notices in writing of the claim are given to the carrier concerned and the Company within 28 days of the date of consignment, and separate full written claims are given to the carrier and to the Company within 28 days thereafter.
8. Risk– 8. Risk shall pass to the Customer upon delivery of the goods if such takes place at the Company’s premises but, otherwise upon despatch of the goods from the Company’s premises.
9. Retention of title and property– 9.1. Title to and property in the goods shall not (save only as hereinafter provided) pass to the Customer and the Customer shall hold the goods supplied as bailee for the Company until the Customer has paid in full to the Company the price of the goods and all other sums howsoever due or owing to the Company, whether such indebtedness arises before or after the supply of the goods in question, and including the costs of any legal proceedings by the Company to enforce any obligation of the Customer’s whether arising hereunder or therewise howsoever. 9.2. The Customer while bailee of the goods for the Company as aforesaid shall not resell, charge, mortgage, part with possession of or otherwise howsoever deal in or create any in cumbrance whatsoever over the goods save only with the prior written consent of a director of the Company. 9.3. The Customer while bailee of the goods for the Company as aforesaid shall keep the goods separate and apart from all other goods (save only for other goods supplied by the Company). Shall keep them at all times clearly labelled as the Company’s property, and shall not howsoever attach or affix the goods nor cause suffer or permit the goods to be attached or affixed to any land or building or to any other plant, machinery or equipment, save only :- (a) If and to the minimum extent it is necessary so to do to enable the Customer to use the goods for their ordinary purpose, and(b) In such a manner as enables them readily and easily to be detached and removedtherefrom, and(c) On terms that notwithstanding such attachment or affixation the goods shall continue to be held by the customer as bailee as aforesaid and shall not form or become part of the land or buildings or (as the case may be) the other plant, machinery or equipment to which they are attached or affixed. 9.4. If and for so long as the Customer holds the goods as bailee for the Company as aforesaid, then at any time when the payment by the Customer to the Company of the purchase price or any percentage or part thereof is overdue, or at any time after the presentation of a petition for a bankruptcy order or (as the case may be) a winding up order against the Customer or the appointment of an Administrative Receiver or Administrator of the Customer, or the calling of a General Meeting of the Customer and/or its creditors to consider a resolution that it would be wound-up, the Company shall be entitled on demand to the immediate return of the goods and in default of immediate compliance with such demand the Company, its servants or agents shall be entitled to enter upon the premises of the Customer or any other land or buildings where the goods are situated or reasonably suspected by the Company to be situated and to recover them. 9.5. In the event of the Company retaking or claiming to retake possession of the goods by virtue of the provisions hereof, the Customer shall have no right to reimbursement of any sums whatsoever which it has paid to the Company nor-to any rebate in respect of the sums outstanding in respect thereof, but in the event of a resale of the goods concerned by the Company the proceeds thereof (after deduction of the costs and expenses of retaking possession and of such resale) shall be applied to the reduction of the outstanding balance of all sums due from the Customer to the Company, and any surplus after extinction of the said balance shall be paid to the Customer. Notwithstanding the foregoing the Company shall be under no duty to effect a resale or (if it chooses to do so) to obtain the full market or any particular price for the goods upon reselling them, but may organise and conduct any such resale or attempted resale in such manner as in its absolute discretion it thinks fit.
10. Defective goods– 10.1. Subject as hereinafter provided the company will repair, or at its option replace, all goods or components of goods of its own manufacture which are proved to the Company’s reasonable satisfaction to be or have become faulty by reason only of faulty design, of the use of defective materials or of defective workmanship within a period of one month from the date of the delivery (or, if earlier, despatch) of the goods, provided that it is a condition precedent of such liability that the Customer: (a) Has given prompt and reasonable notice of the defect to the Company, and(b) At its own expense either returns the goods to the Company or (If the Company so elects) provided the Company with such access to the goods at the Customer’s premises as the Company reasonably requires for the purpose of effecting such repair or replacement. 10.2. The Company’s liability to the Customer under (i) above shall be the entire extent of its liability and duty of care (if any) in respect of all goods or components of goods of its own manufacture. 10.3. The Customer acknowledges that the Company in the course of purchasing goods or components from its suppliers and/or the manufacturers may have obliged to contract on conditions of Sale of such suppliers/manufacturers and that it is probable that such Conditions of Sale will contain clauses excluding or restricting the liability of such suppliers/manufactures.  10.4. The Company’s liability and duty of care (if any) in respect of all goods or components of goods which are not of its own manufacture for any breach of contract or negligence whether in relation to the conditions of the goods or otherwise howsoever shall in any event be limited to and shall not exceed the liability of its supplier and/or the manufacturer to the Company to the intent that the Company itself shall not be liable for any sum which cannot recover from its supplier and/or the manufacturer. 10.5. Notwithstanding (10.4) above the Company may at its option discharge all its liability (if any) to the Customer in respect of goods or components of goods which are not of its own manufacture by assigning to the Customer the benefit of such guarantee and/or warranty as the Customer itself has received from its supplier and/or the manufacture.  10.6. Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of the Company its servants or agents) the Company shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Customer or by any purchaser or sub-purchaser from the Customer or by any end-user of the goods or other person against the Company whether in contract or tort (including negligence on the part of the Company, its servants or agents) nor owe any duty of care arising out of or in connection with any defects in the goods or any act omission neglect or default (whether or not the same constitutes a fundamental breach of the Contract or breach of a fundamental term thereof) of the Company its servants or agents in the performance of the contract . In particular, all other conditions, warranties and other terms express or implied statutory or otherwise are expressly excluded save insofaras contained herein or as otherwise expressly agreed by a director of the Company in writing provided that if insofaras any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the contract any term or shall have made unenforcable any attempt to exclude any such term the foregoing provisions of this paragraph will not apply to any such term. 10.7. In the event that the Customer shall howsoever make the goods available for the use of another he shall bring the provisions of these Conditions and in particular Condition 10 hereof to the attention of the user. Further in such event the Customer shall procure that any contract by which it permits such use incorporates like restrictions on liability to those of Condition 10 hereof.
11. Goods not belonging to the Company– 11. The Company shall not be held responsible or liable for any loss or damage suffered by goods belonging to the Customer or another while such goods are in the Company’s possession. Accordingly it shall be the Customer’s responsibility to obtain such insurance cover, as it requires in respect of such goods.
12. Goods sold f.o.b.– 12. Where goods are sold f.o.b. the responsibility of the Company shall cease immediately the goods are placed on board ship and the Company shall be under no obligation to give the Customer notice specified in section 32(3) of the Sales of Goods Act 1978.
13. Force Majeure– 13. The Company shall be relieved of all liabilities incurred under any agreement governed by these Conditions wherever the fulfilment of its obligations thereunder or any of them is prevented, frustrated impeded or delayed as a consequence of war, invasion, act of foreign enemy, hostilities whether war has been declared or not). Civil war, rebellion, revolution, insurrection, military or usurped power, terrorists action, disaster, any statue rules, regulations, orders or requisition issued by any government department, council or other authority, strikes, lockouts, breakdown or plant or any other causes or circumstances whatsoever (whether or not of a like nature) outside the Company’s direct control.
14. Law and Jurisdiction– 14. These Conditions and every agreement governed by them, shall be governed by and construed in accordance with English Law, and the Courts of England shall have exclusive jurisdiction in respect of any dispute or claim whatsoever which may arise thereout save only where the Company invokes the jurisdiction of the Courts of any other country.
15. Anodised Finishes – 15.   Anodising has many significant technical problems associated with trying to achieve perfect colour, lustre and hue across batches of parts. Many factors influence the colour including alloy type, age and condition, surface finish, coating thickness, tank chemistry, jig positioning, shape geometry and also handling processes meaning that variations are inevitable. Due to the many variables that can determine final colour, lustre and hue and the fact that many of these are beyond our control Channelglaze CANNOT and DO NOT guarantee appearance as defined by colour, lustre and hue and therefore cannot guarantee perfect colour, lustre and hue across all parts that make up our products. As a consequence Channelglaze are not able to off a perfect colour matching service for anodised coatings. Whilst we will try to ensure consistency across our parts with minimal variation we cannot guarantee this especially where strict deadlines are in place. We would therefore recommend our powder coated range for customers looking for a consistent colour across all parts.                          

Additional Terms and Conditions

1. Surveys – Channelglaze Ltd, will make a charge to establish, size, shape, manufacturing type & fitting requirements. Cost of the survey would depend on the distance from the company base in Birmingham . If Channelglaze Ltd is instructed to fit the windows to the customers/owners craft then the following requirements need to be met before fitting work can commence.
2. Risk Assessment– The area where the fitting is to take place must be a safe & stable environment & moored safely, canal & river embankments are not considered a suitable environment for fitting. It is the customers/boat owner’s responsibility to provide a safe supply of electricity, water & be in a position to turn the boat around, to enable fitting of the other side of the boat. If the boat is on a hard standing, then scaffolding or platforms would need to be provided that are firm and secure and in all respects meet all safety requirements. The decision of Channelglaze Ltd operatives/contractors is absolute in this regard. Fitting can only take place in dry & safe weather conditions. Fitting must comply with any risk assessment, carried out by the company, a copy of which will be forwarded to our customer, prior to the fitting date.
3. Guarantees –
   1. The Company guarantees its Products against defects in material for a period of one (1) year from  the date of invoice from the Company to the Customer and against failed seals on double glazed  units for a period of three (3) years.
   2. In the event of a complaint by the Customer that the Products are defective or that the installation  is faulty, the Company will investigate the alleged defect or default with a view to taking remedial  action.
   3. If the Company accepts that Products are defective, the Company will repair or replace the same.  The Company will repair or replace the Products free of charge except as otherwise provided for  herein:
      1. The guarantee does not cover labour, delivery expenses or other costs associated with the  installation or removal of products for repair or replacement.
      2. No guarantee is given that the Products replaced by the Company will correspond precisely  with those supplied previously if the Company or its suppliers have discontinued the manufacture  or supply of those products. The Company will use reasonable efforts to find replacement  products which are similar to the Products being replaced.
      3. The Company shall not be liable to the Customer for any defect in the Products once the guarantee has expired.
      4. This guarantee does not extend to:
         • Breakage of tempered or laminated glass,
         • Product that is altered or abused or installed in unusual, abnormal or extreme locations or situations,
         • Failure to provide reasonable maintenance,
         • Discolouration caused by weathering,
         • Damage to glass caused by weld splatter, protective coating removal, sanding or improper washing,
         • Condensation on windows due to interior humidity and resultant water damage,
         • Custom finishes,
         • Product that has been field modified or products assembled by others with the Company fabricated parts,
         • Damage due to exposure to conditions beyond published performance specifications.

4. Fitting & Installation – The company accepts no responsibility whatsoever for the fitting or suitability of any of its products other than those fitted by Channelglaze Ltd.
5. Window Manufacture – Windows that are manufactured in accordance with templates, drawings, measurements or dimensions supplied by customers, must make an allowance of approximately 1.5mm all around for clearance in the craft aperture, and unless a survey has been carried out by or on behalf of Channelglaze Ltd, Channelglaze Ltd will not guarantee that such windows supplied are fit for purpose. Consideration also has to be given to the aperture within any existing interior wooden liners. Unless otherwise requested, windows will be glazed with 4mm tempered safety glass which complies with category ‘D‘, other glazing methods are available i.e. 6.4. Laminated, 6mm tempered polycarbonate or double glazed units an option of category ‘C‘ is also available. Our Standard radius is approximately 70mm, with slight differences depending on frame material i.e. single or double glazed windows. Channelglaze will not guarantee to match exactly to any other manufacturers’ radius where Channelglaze Ltd is manufacturing replacement windows and alteration to the aperture may be required. Channelglaze Ltd will not be responsible for any costs or any losses occasioned to the customer in this regard. Channelglaze Ltd will accept no responsibility whatsoever for the fitting of any glazing required by any customer not in accordance with the foregoing and the customer will be asked to sign an indemnity absolving Channelglaze Ltd from liability.
6. Payment – A deposit of at least 50% is required for all our double glazed, special shaped or custom made windows with the balance due on completion of manufacture prior to delivery to the customer. If later any such units (other than Channelglaze own double glazed windows) are found to be unsuitable for the intended use Channelglaze Ltd will not agree any refund.
7. Terms and Conditions – The above conditions are to be read and construed in conjunction with our standard conditions of sale and are not in replacement thereof. We hope that with the following description of a typical installation you will make use of some helpful information, tips, and suggestions to help make your installation go as trouble-free as possible.